i think we are talking apples and oranges here. >> we have a lot of confusion here. this is where i disagree with juan. cases going back to the civil war. the president has the authority to declare somebody an enemy combatant. all that means when you talk to them. anything they tell you in the context of intelligence gathering cannot be used against them in a court of flaw a criminal proceeding. that's what the constitution says is that you have a right not to be compelled to incriminate yourself in a criminal proceeding. intelligence gathering thing there are all sorts of ways where you wall off what you get from his intelligence gathering. not poison a criminal case and every lawyer that has looked at this has said they don't need a confession from this guy. they have so much evidence that the idea that somehow if he tells them something he might get off no one thinks that's a possibility. i think, you know, jane harman on here on sunday was sort of indicative on this is that there is a lot of confusion between military tribunals and enemy combatants. can you be en